CM-2015-805 - 6/12/2015 D
City of Round Rock
eT°Uw,s°flOU` Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Trailer Lease Agreement with Sysco for rental of a
refrigerated trailer to hold watermelons at 4th of July celebration.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/12/2015
Dept Director: Rick Atkins, Director
Cost:
Indexes:
Attachments: CMAF, 2015 4th of July Trailer Lease, Sysco.pdf, Backup Trailer Lease
4th of July.pdf
Department: Parks and Recreation Department
Text of Legislative File CM-2095-805
CiyofRound Rack Page 1 Pmted on MfY1015
CITY OF ROUND ROCK
CONTRACT MANAGEMENT SECTION
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: PARD
Project Mgr/Resource: Rick Atkins
QCity Manager Approval
Project Name: Trailer Lease
Contractor/Vendor:
CMA Wording
Consider authorizing a Trailer Lease Agreement with Sysco for rental of a refrigerated trailer to hold watermelons at 4th of July
celebration.
Approval
X❑Employee E.E. (Ric) Bowden �'— —{fete June 2, 2015
0
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Approvals Sysco
PRESIDENT/EXECUTIVE V.P. : _
V.P. OPERATIONS: _
R E SALES:
TRAILER LEASE AGREEMENT
This Agreement made this 01 day of June 2015 by and between
Sysco Central Texas ("Lessor')and City of Round Rook .("Lessee").
_Emergency _Company Function _Grand Opening • Festival _Other
Date to Deliver: Pdday,July 3rd,2015 Time to Deliver: 11:00 AM
Date to Pickup: Monday,July 6th,2015 Time to Pickup: AM
Total Days of Lease: 2
Truck Delivery Address: 3300 Palm Valley Blvd,Hwy 79,(Old Setlen Park at Palm Valley)Round Rack
Sysco M.A.or Acct Exec.requesting loan: Carlos Raynaud M.A.contact#: 512-318-3078
Sysco DSM or Program Manager: Jared Senior
Name of Account: City of Round Rock Account#: 063230
Address: 221 E Main St Round Rock,Tx 78664 Phone#: 512-255-3612
Emergency Phone#: Credit Terms: 3 week
If a Special Event,ESTIMATED SALES:
Truck to be delivered: Loaded 320 watermelons Unloaded
Any special loading instructions:
Returns will be allowed. Approval Signature required by Sysco VP
FROZEN: Yes No DRY: Yes No COOLER: Yes x No
At no time will product be shipped or returned without the customers signature noting and
acknowledging product received or returned.
Sysco M.A.: I understand that I am responsible and accountable for our returns being inventoried
prior to pick-up requessh•:o.-s.arT
Signature: Date:
Condition of any product returned subject to inspection upon return to warehouse before any credit will
be issued:
Product condition upon return:
Warehouse Receiver: Date:
Note: This Trailer Lease Agreement has been revised. All prior copies will not be submitted for
Sysco trailer lease.Please discard all prior copies.
Rsvls lROWN14
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CRITERIA(To be read and acknowledged by Lessee)
1. Truck or Trailer requested will need to run on diesel fuel. Trailer will be delivered to customer
full of fuel,and trailer will be returned to Sysco full of fuel. During use of trailer customer will
supply fuel for operation.If requested, Sysco will supply the name of an independent service
company that can fuel and service the trailer while on loan. Customer is responsible for all fuel
cost and service calls cost. If unit runs out of fuel,there will be a$250.00 service call charge to
prime the fuel system;this will be billed to the customer. Please indicate below which option
customer chooses.
A. Yes,customer will need Sysco to arrange an independent service company to fuel and
service the trailer while on loan.
OR
B. No,customer will take care of making fueling and service arrangements for the trailer
while on loan.
2.Customer acknowledges they must secure trailer while in their possession.
3. There will be a minimum$75.00 delivery/$75.00 pick-up charge or a$1.50 per mile one-way charge,
whichever is greater.
4. Rental fee for Sysco owned trailer$50.00 per day, $150.00 per weekend(Fri.p.m.-Sun p.m.)or
$350.00 per week(Mon. a.m.-Sun.p.m.)charge.In the event a Sysco owned trailer is not available,a
third party lease company will be used with applicable fees.
5.Equipment lease signed by owner or officer of company borrowing or renting truck or trailer.
In consideration of the mutual covenants and promises contained in this Agreement,and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,that parties hereto
agree as follows:
1. Lease. Lessor leases to Lessee and Lessee hires from Lessor the trailer(s)
identified on Exhibit A attached hereto for a term as indicated on Exhibit A and for the location indicated
on Exhibit A(individually or collectively, the"Trailer").
2. Rental/Other Fees or Charges.
As rent for the Trailer,Lessee shall pay to Lessor the amount set forth on Exhibit A as well as any other
fees or charges specified in Exhibit A. Whenever required,Lessee also shall pay to Lessor any sales,use,
or similar tax,which at any time during the tern of this Lease may be imposed on the letting herein
provided. Unless otherwise set forth in Exhibit A,Lessee shall pay rental fees and other fees or charges
within 30 days of receipt of an invoice from Lessor.
3. Delivery and Location. Lessor shall deliver the Trailer to the location
specified on Exhibit A or to such other locations reasonably specified by Lessee in any manner as Lessor,
in its sole discretion,may elect,and Lessee shall be solely responsible for and shall indemnify and hold
Lessor harmless from any liability or expense including reasonable attorneys' fees,arising out of damage
to any person or property due to the location of the Trailer.
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4. Trailer Use
A. Trained to Use. Lessee warrants that it and its agents have been
trained in the operation of the Trailer's refrigeration system,if so equipped. Lessee shall ensure that its
duty authorized agent or representative is present at the time of the delivery of the Trailer. Upon delivery
of the Trailer by Lessor,Lessee shall be deemed to have accepted the Trailer unless Lessee through its
authorized agent or representative rightly rejects the Trailer at the time of delivery as being defective,
unsafe or inconsistent with specifications agreed upon between Lessor and Lessee. LESSOR MAKES
NO WARRANTIES,EXPRESS OR IMPLIED,OF ANY KIND CONCERNING THE TRAILER,
INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED
WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.
B. Impermissible Uses. Lessee shall operate the Trailer in compliance
with all federal,state and local laws and in a reasonable and safe manner. Lessee shall not use or permit
the Trailer to be used for any illegal purpose or for the transportation or storage of any material deemed
extra hazardous by reason of being(i)explosive,(it)inflammable or(iii)hazardous waste or a hazardous
substance or some other regulated category of waste as defined by application law,ordinance,rule or
regulation. Lessee shall indemnify and hold Lessor harmless from and against all damages and expenses,
including reasonable attorney's fees,sustained by Lessor as a result of any such impermissible use.
C. Damage to Goods:Title. Lessor shall not be responsible for
loss or damage to any goods or other property in the Trailer at the time of delivery or placed or carried in
the Trailer after delivery to Lessee,arising from any cause whatsoever. Lessee acknowledges that title to
any product located in the Trailer shall transfer to Lessee upon delivery of the Trailer to Lessee. Lessor
may,in its sole discretion and without any obligation to do so,accept the return of"saleable"product.
Lessor shall not be responsible for any product nonconformity as to quantity,quality or price,unless
noted on the original delivery receipt at the time of delivery of the Trailer to Lessee.
5. Maintenance.
A. Repairs. Lessee shall bear all expenses of maintaining the leased
Trailer in good operating condition and shall be responsible for the cost of repairs and replacement of the
Trailer's parts or equipment,including,but not limited to,ramps,bulkheads,wheels,tires, doors,
flooring, interior and exterior panels,and refrigeration unit, if damaged in any respect during the term of
this Lease. Lessee is expressly forbidden to repair or attempt to repair the Trailer without the Lessor's
prior consent. In the event the Trailer requires any repairs or replacement,Lessee shall give immediate
notice to Lessor which shall have the option,but not the obligation,to perform the repairs or replacement
itself,the cost of which Lessee immediately shall reimburse Lessor,or to require Lessee to cause any
repairs to be made as Lessor otherwise shall direct.
B. Refueling. Lessee is responsible for contacting Lessor to arrange for filling of fuel
after depletion of the fuel tank's supplied contents. Lessor will arrange for a third party to refuel the
Trailer,and Lessee will be responsible for reimbursing Lessor for the full amount charged by the third
party for such refueling. Lessee will not refuel the Trailer or arrange for the refueling of the Trailer by a
third party. Lessor shall not give Lessee any credit for unused fuel.
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C. Training/Maintenance. Lessee acknowledges that it has been
trained in the operation of the Trailer's refrigeration system(if so equipped). Lessee's maintenance
obligations will include monitoring the fuel gauge 2-3 times daily,maintaining recommended fuel levels,
maintaining the refrigeration unit,lubricant levels,tire inflation levels,brakes and lighting.
D. Permits. Lessee shall be responsible,at its sole cost and
expense, for maintaining during the term of this Agreement,all permits,registrations or licenses("the
Permits")which are required by the state,district,municipality or agency where the Trailer is located,
used and/or operated by Lessee.
6. Indemnification. Lessee hereby agrees to indemnify,defend and hold Lessor,
its subsidiaries,affiliates,divisions and/or agents,servants,employees,officers,directors,and assigns
(and any third party to whom any of the foregoing may owe a similar obligation pursuant to contract,
lease agreement or operation of law),hereinafter collectively referred to as"Indemnitee",harmless from
any suits,claims,losses,damages or expenses,including reasonable attorneys' fees and expenses,which
any Indemnitee may suffer, sustain or incur as a result of or in connection with the operation,use,
maintenance or possession by Lessee of the Trailer.
7. Release. In consideration for the use of the Trailer by Lessee,Lessee does
hereby release,discharge and acquit Lessor from any and all claims,actions,causes of action,demands,
liabilities,damages,costs and expenses whatsoever which Lessee now bas or may hereafter have on
account of Lessee's operation,possession,maintenance and/or use of the Trailer.
8. Holding Over. Any holding over by the Lessee at the expiration of the term of
the lease hereof shall, in the absence of any agreement to the contrary,create a tenancy from day-today,
with rent payable on a pro-rated basis at 5:00 EST each day at the principal address of Lessor,and all
other terms and conditions hereof shall remain in effect.
9. Condition of Trailer Lessee agrees to return the Trailer to Lessor in the same
condition as delivered to Lessee,ordinary wear and tear excepted. It will be presumed,unless indicated
in writing to the contrary,that the Trailer is in good repair and operating condition at the time of delivery
to Lessee. Lessee further agrees to cause the Trailer,at its sole cost and expense,to be repaired and
returned to good operating condition and repair(or alternatively reimburse Lessor for the cost thereof)in
the event of any damage to or breakdown of any Trailer during its use by Lessee.
10.Insurance. Lessee shall maintain such insurance in such amounts as described
below as will protect Lessor and Lessee from any damages arising as a result of Lessee's use,operation,
maintenance or possession of the Trailer. Lessee shall furnish a certificate acceptable to Lessor that
Lessee has in effect workmen's compensation insurance coverage in the statutory amount,automobile
liability insurance(any auto)in the amount of at bast one million dollars($1,000,000),premises liability
and commercial general liability insurance coverage providing such coverage in a liability amount of at
least one million dollars($1,000,000)per occurrence and two million dollars($2,000,000.00)in
aggregate, excess liability or umbrella insurance in at least the amount of three million dollars
($3,000,000)and physical damage to tractor/tmiler/equipment in the amount of actual cash value with no
deductible for collision and one thousand dollar deductible for other than collision. Such insurance shall
include a waiver of subrogation and a requirement of thirty(30)days notice of cancellation,non-renewal
or reduction of coverage or limits.The automobile,excess liabilitylumbrella,premises liability and
commercial general liability coverages shall time Lessor as an additional insured on a Form CG20-26.
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11.Notice. Any notice,request,demand or other communication,document or
instrument which may be required or permitted to be furnished by one of the parties hereto to the other
hereunder,shall be deemed sufficiently furnished or served if in writing and(i)delivered in person,or(ii)
mailed(by fust class mail,registered or certified and postage prepaid),or(iii) telexed or telefaxed,to the
party entitled thereto,addressed as follows or such other address as the party entitled thereto may have
prior thereto specified by notice given as contemplated in the paragraph 11:
If to Lessee: city m Round Roo
301 W.Bagdad,auae 250
Rwnd aatic,Tx 78664
Attn: Randy Gallen
Phone: 512 341$340
Fax: 512 218 5548
If to Lessor: Sysco
Atm:
Phone:
Fax:
12.Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto,their successors, legal representatives,and assigns. Lessee may not assign,
pledge,or otherwise encumber this lease or any interest therein or sublet the Trailer without Lessor's
written consent,nor shall Lessee encumber or otherwise suffer any lien to be placed against the Trailer,
or abandon or conceal the Trailer.
13.Entre Agreement. This Agreement represents the entire agreement between
parties. This Agreement shall not be modified or amended except by an agreement in writing signed by
the parties.
Signatures on following page
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first
above written.
LESSOR: SYSCO i
BY, Jared Senter
TITLE: District Sales Manager
LESSEE:
(Print Lessee's Name Here)
BY:
TITLE:
6
EXHIBIT A
TRAILER IDENTIFICATION:
Model/Make:
Identification No.:
RENTAL AMOUNT:
OTHER FEES OR CHARGES:
PAYMENT DUE DATE(S):
TERM OF THE LEASE:
From: To:
LESSEE LOCATION of TRAILER:
Old Settlers Park Q Palm Valley, 3300 Palm Valley Blvd. Round Rock TX 78664
[Street address]
[City,state zip]
7
Approvals
PRESIDENTIEXECUTIVE V.P. :
V. P. OPERATIONS:
V. P. SALES:
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TRAILER LEASE AGREEMENT
This Agreement made this day of </{ e— 2015 by and between
Sysco ("Lessor") Od City of Round Rock ("Lessee").
Emergency _Company Function _Grand Opening x Festival _Other
Date to Deliver: Friday, July 3rd, 2015 Time to Deliver: 11:00 AM
Date to Pickup: Monday, July 6th, 2015 Time to Pickup: AM
Total Days of Lease:
Truck Delivery Address: 3300 Palm Valley Blvd, Hwy 79, (Old Settlers Park at Palm Valley) Round Rock
Sysco M.A. or Acct Exec. requesting loan:
Sysco DSM or Program Manager:
Name of Account:
Address:
Emergency Phone #:
If a Special Event, ESTIMATED SALES:
Truck to be delivered: Loaded 320 watermelons
M.A. contact #:
Account #:
Phone #:
Credit Terms:
Unloaded
Any special loading instructions:
Returns will be allowed. Approval Signature required by Sysco VP
FROZEN: _Yes No DRY: _ Yes _No COOLER: X Yes _No
At no time will product be shipped or returned without the customers signature noting and
acknowledging product received or returned.
Sysco M.A.: I understand that I am responsible and accountable for our returns being inventoried
prior to pick-up request being done.
Signature:
Date:
Condition of any product returned subject to inspection upon return to warehouse before any credit will
be issued:
Product condition upon return:
Warehouse Receiver:
Date:
Note: This Trailer Lease Agreement has been revised. All prior copies will not be submitted for
Sysco trailer lease. Please discard all prior copies.
/I„ ,' 20
/—�- 000r Revised 10/082014
CRITERIA (To be read and acknowledged by Lessee)
Truck or Trailer requested will need to run on diesel fuel. Trailer will be delivered to customer
full of fuel, and trailer will be returned to Sysco full of fuel. During use of trailer customer will
supply fuel for operation. If requested, Sysco will supply the name of an independent service
company that can fuel and service the trailer while on loan. Customer is responsible for all fuel
cost and service calls cost. If unit runs out of fuel, there will be a $250.00 service call charge to
prime the fuel system; this will be billed to the customer. Please indicate below which option
customer chooses.
A. Yes, customer will need Sysco to arrange an independent service company to fuel and
service the trailer while on loan.
OR
B. No, customer will take care of making fueling and service arrangements for the trailer
while on loan.
2. Customer acknowledges they must secure trailer while in their possession.
3. There will be a minimum $75.00 delivery/$75.00 pick-up charge or a $1.50 per mile one-way charge,
whichever is greater.
4. Rental fee for Sysco owned trailer $50.00 per day, $150.00 per weekend (Fri. p.m. -Sun p.m.) or
$350.00 per week (Mon. a.m.-Sun. p.m.) charge. In the event a Sysco owned trailer is not available, a
third party lease company will be used with applicable fees.
5. Equipment lease signed by owner or officer of company borrowing or renting truck or trailer.
In consideration of the mutual covenants and promises contained in this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, that parties hereto
agree as follows:
1. Lease. Lessor leases to Lessee and Lessee hires from Lessor the trailer(s)
identified on Exhibit A attached hereto for a term as indicated on Exhibit A and for the location indicated
on Exhibit A (individually or collectively, the "Trailer").
2. Rental/Other Fees or Charges.
As rent for the Trailer, Lessee shall pay to Lessor the amount set forth on Exhibit A as well as any other
fees or charges specified in Exhibit A. Whenever required, Lessee also shall pay to Lessor any sales, use,
or similar tax, which at any time during the term of this Lease may be imposed on the letting herein
provided. Unless otherwise set forth in Exhibit A, Lessee shall pay rental fees and other fees or charges
within 30 days of receipt of an invoice from Lessor.
3. Delivery and Location. Lessor shall deliver the Trailer to the location
specified on Exhibit A or to such other locations reasonably specified by Lessee in any manner as Lessor,
in its sole discretion, may elect, and Lessee shall be solely responsible for and shall indemnify and hold
Lessor harmless from any liability or expense including reasonable attorneys' fees, arising out of damage
to any person or property due to the location of the Trailer.
4. Trailer Use
A. Trained to Use. Lessee warrants that it and its agents have been
trained in the operation of the Trailer's refrigeration system, if so equipped. Lessee shall ensure that its
duly authorized agent or representative is present at the time of the delivery of the Trailer. Upon delivery
of the Trailer by Lessor, Lessee shall be deemed to have accepted the Trailer unless Lessee through its
authorized agent or representative rightly rejects the Trailer at the time of delivery as being defective,
unsafe or inconsistent with specifications agreed upon between Lessor and Lessee. LESSOR MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND CONCERNING THE TRAILER,
INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED
WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.
B. Impermissible Uses. Lessee shall operate the Trailer in compliance
with all federal, state and local laws and in a reasonable and safe manner. Lessee shall not use or permit
the Trailer to be used for any illegal purpose or for the transportation or storage of any material deemed
extra hazardous by reason of being (i) explosive, (ii) inflammable or (iii) hazardous waste or a hazardous
substance or some other regulated category of waste as defined by application law, ordinance, rule or
regulation. Lessee shall indemnify and hold Lessor harmless from and against all damages and expenses,
including reasonable attorney's fees, sustained by Lessor as a result of any such impermissible use.
C. Damage to Goods; Title. Lessor shall not be responsible for
loss or damage to any goods or other property in the Trailer at the time of delivery or placed or carried in
the Trailer after delivery to Lessee, arising from any cause whatsoever. Lessee acknowledges that title to
any product located in the Trailer shall transfer to Lessee upon delivery of the Trailer to Lessee. Lessor
may, in its sole discretion and without any obligation to do so, accept the return of "saleable" product.
Lessor shall not be responsible for any product nonconformity as to quantity, quality or price, unless
noted on the original delivery receipt at the time of delivery of the Trailer to Lessee.
5. Maintenance.
A. Repairs. Lessee shall bear all expenses of maintaining the leased
Trailer in good operating condition and shall be responsible for the cost of repairs and replacement of the
Trailer's parts or equipment, including, but not limited to, ramps, bulkheads, wheels, tires, doors,
flooring, interior and exterior panels, and refrigeration unit, if damaged in any respect during the term of
this Lease. Lessee is expressly forbidden to repair or attempt to repair the Trailer without the Lessor's
prior consent. In the event the Trailer requires any repairs or replacement, Lessee shall give immediate
notice to Lessor which shall have the option, but not the obligation, to perform the repairs or replacement
itself, the cost of which Lessee immediately shall reimburse Lessor, or to require Lessee to cause any
repairs to be made as Lessor otherwise shall direct.
B. Refueling. Lessee is responsible for contacting Lessor to arrange for filling of fuel
after depletion of the fuel tank's supplied contents. Lessor will arrange for a third party to refuel the
Trailer, and Lessee will be responsible for reimbursing Lessor for the full amount charged by the third
party for such refueling. Lessee will not refuel the Trailer or arrange for the refueling of the Trailer by a
third party. Lessor shall not give Lessee any credit for unused fuel.
C. Train ing/Maintenance. Lessee acknowledges that it has been
trained in the operation of the Trailer's refrigeration system (if so equipped). Lessee's maintenance
obligations will include monitoring the fuel gauge 2-3 times daily, maintaining recommended fuel levels,
maintaining the refrigeration unit, lubricant levels, tire inflation levels, brakes and lighting.
D. Permits. Lessee shall be responsible, at its sole cost and
expense, for maintaining during the term of this Agreement, all permits, registrations or licenses ("the
Permits") which are required by the state, district, municipality or agency where the Trailer is located,
used and/or operated by Lessee.
6. Indemnification. Lessee hereby agrees to indemnify, defend and hold Lessor,
its subsidiaries, affiliates, divisions and/or agents, servants, employees, officers, directors, and assigns
(and any third party to whom any of the foregoing may owe a similar obligation pursuant to contract,
lease agreement or operation of law), hereinafter collectively referred to as "Indemnitee", harmless from
any suits, claims, losses, damages or expenses, including reasonable attorneys' fees and expenses, which
any Indemnitee may suffer, sustain or incur as a result of or in connection with the operation, use,
maintenance or possession by Lessee of the Trailer.
7. Release. In consideration for the use of the Trailer by Lessee, Lessee does
hereby release, discharge and acquit Lessor from any and all claims, actions, causes of action, demands,
liabilities, damages, costs and expenses whatsoever which Lessee now has or may hereafter have on
account of Lessee's operation, possession, maintenance and/or use of the Trailer.
S. Holdin Over. Any holding over by the Lessee at the expiration of the term of
the lease hereof shall, in the absence of any agreement to the contrary, create a tenancy from day-to-day,
with rent payable on a pro -rated basis at 5:00 EST each day at the principal address of Lessor, and all
other terms and conditions hereof shall remain in effect.
9. Condition of Trailer. Lessee agrees to return the Trailer to Lessor in the same
condition as delivered to Lessee, ordinary wear and tear excepted. It will be presumed, unless indicated
in writing to the contrary, that the Trailer is in good repair and operating condition at the time of delivery
to Lessee. Lessee further agrees to cause the Trailer, at its sole cost and expense, to be repaired and
returned to good operating condition and repair (or alternatively reimburse Lessor for the cost thereof) in
the event of any damage to or breakdown of any Trailer during its use by Lessee.
10. Insurance. Lessee shall maintain such insurance in such amounts as described
below as will protect Lessor and Lessee from any damages arising as a result of Lessee's use, operation,
maintenance or possession of the Trailer. Lessee shall furnish a certificate acceptable to Lessor that
Lessee has in effect workmen's compensation insurance coverage in the statutory amount, automobile
liability insurance (any auto) in the amount of at least one million dollars ($1,000,000), premises liability
and commercial general liability insurance coverage providing such coverage in a liability amount of at
least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.00) in
aggregate, excess liability or umbrella insurance in at least the amount of three million dollars
($3,000,000) and physical damage to tractor/trailer/ equipment in the amount of actual cash value with no
deductible for collision and one thousand dollar deductible for other than collision. Such insurance shall
include a waiver of subrogation and a requirement of thirty (30) days notice of cancellation, non -renewal
or reduction of coverage or limits. The automobile, excess liability/umbrella, premises liability and
commercial general liability coverages shall name Lessor as an additional insured on a Form CG20-26.
4
1 I. Notice. Any notice, request, demand or other communication, document or
instrument which may be required or permitted to be furnished by one of the parties hereto to the other
hereunder, shall be deemed sufficiently furnished or served if in writing and (i) delivered in person, or (ii)
mailed (by first class mail, registered or certified and postage prepaid), or (iii) telexed or tclefaxed, to the
party entitled thereto, addressed as follows or such other address as the party entitled thereto may have
prior thereto specified by notice given as contemplated in the paragraph 11:
If to Lessee: city of Round Rock
Ifto Lessor:
Attn:
Phone:
Fax:
12, Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors, legal representatives, and assigns. Lessee may not assign,
pledge, or otherwise encumber this lease or any interest therein or sublet the Trailer without Lessor's
written consent, nor shall Lessee encumber or otherwise suffer any lien to be placed against the Trailer,
or abandon or conceal the Trailer.
13. Entire Agreement. This Agreement represents the entire agreement between
parties. This Agreement shall not be modified or amended except by an agreement in writing signed by
the parties.
Signatures on following page
301 W. Bagdad, suite 250
Round Rock, TX 76664
Attn:
Randy Gordon
Phone:
512 341 3340
Fax:
512 219 5548
Ifto Lessor:
Attn:
Phone:
Fax:
12, Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors, legal representatives, and assigns. Lessee may not assign,
pledge, or otherwise encumber this lease or any interest therein or sublet the Trailer without Lessor's
written consent, nor shall Lessee encumber or otherwise suffer any lien to be placed against the Trailer,
or abandon or conceal the Trailer.
13. Entire Agreement. This Agreement represents the entire agreement between
parties. This Agreement shall not be modified or amended except by an agreement in writing signed by
the parties.
Signatures on following page
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first
above written.
LESSOR: SYSCO
BY:
I TITLED:
LESSEE: `i 9 f whd &(�4
(Print Lessee' Veaoorn/e��Her��e),� p
BY: /n1 L(.�'C.�i �i✓
TITLE: